of the COVID-19 Pandemic HumanRightsDimensions ALSALEGAL NEWSLETTER SecondEditionof2022
Challenges Faced By Indonesia In Distributing Health Facilities During The Pandemic Aliya Chairunnisa, Indonesia Fake news spreading during the COVID 19 pandemic in Laos Souphatsone PHONEMANIVANH, Laos The Phenomenon of Large Scale Social Restrictions Against Indonesia’s Economic Decline Muhammad Firman, Indonesia LAYOFFS DURING THE PANDEMIC: VIOLATION OR NOT? Alfiyah Nur Inayah, Indonesia Addressing Indonesia’s Socio Economic Challenges amid Pandemic Vincensius Derby Isaac Lumme, Indonesia Freedom Abused in Indonesia: Democracy Implementation That Threatens Integration Novelia Ellianna Anwar, Indonesia Siracusa Principle to Balance Civil Liberties During Public Health Emegencies Arianne Joy Fabregas, Philippines Thailand Emergency Decree Enforcement: Time to Set Aside Patharanist Wannapoglang, Thailand Disclosure of personal information as the countermeasure against COVID 19 Kim Seo Yun, Republic of Korea 07 09 12 13 14 15 17 18 19 About ALSA and About ALN2 Greetings from ALSA International Officers Meet the Executive Officers! COVID 19 Vaccination as Part of Human Rights Muhammad Zahiir Al Faraby, Indonesia 05 03 04 06 TABLEOFCONTENTS AUGUST 2022 | ALSA LEGAL NEWSLETTER
Policy and Communication Failures in Indonesia During the COVID 19 Pandemic Difa Zahra, Indonesia Freedom of Expression: Finding a Delicate Balance Between Causing Panic and Raising Awareness Aisyah Razimi, Brunei Darussalam Restrictions on Freedom of Expression during the Pandemic Kanchanit Horuengwetkij, Thailand Transition to Legal Aid Practice During The Pandemic Andyta Sekar Pratiwi, Indonesia Asian Against Asian: COVID 19 And The Internal Xenophobia Maythanun Ngamkittikhun, Thailand To deny people their human rights is to challenge their very humanity.-Nelson Mandela 20 23 25 28 31 The Xenophobia Tendencies Lead To Asian Hate During The COVID 19 Pandemic Illona Novira Elthania, Indonesia How Xenophobia Flourishes during the COVID 19 from the Root Sirinda Pinphong, Thailand References 33 34 36 AUGUST 2022 | ALSA LEGAL NEWSLETTER
ABOUT ALSA Asian Law Students Association (“ALSA”) is an international organization spread across 17 countries in Asia which are Indonesia, Taiwan, Laos, Hong Kong, China, Malaysia, Brunei Darussalam, Philippines, Japan, India, Sri Lanka, Vietnam, Macau, Myanmar, Thailand, South Korea and Singapore ALSA also has 3 observers which are Bangladesh, Cambodia and Nepal As an organization, ALSA serves to benefit its members through its vision and mission of promoting awareness of justice, focusing on a global vision of Asia, and facilitating the recognition of social responsibilities among law students Moreover, ALSA has missions based on 4 pillars which are legally skilled, academically committed, internationally minded and socially responsible In obtaining the vision and mission of ALSA, the Academic Activities Department through academic publications serves as a place for ALSA Members to contribute their work in legal writing regarding current issues in Asia
ALSA Legal Newsletter is a compendium of write ups with regard to current legal issues and news within the respective National Chapter’s countries As local and legal news are usually written in local languages, it is difficult for it to be accessed internationally ALSA Legal Newsletter will serve as a medium for ALSA Members to be aware of legal issues and news of other National Chapter’s respective countries For the second edition of this term’s ALN, we are bringing the theme of “Human Rights Dimensions of the COVID 19 Pandemic”, discussing various issues that includes but are not limited to rights to health and life, freedom of expression during the pandemic, xenophobia and economic and social rights as consequences of the pandemic
ABOUT ALN2
ABOUTALSAANDALN2
PAGE03 AUGUST 2022 | ALSA LEGAL NEWSLETTER
YANISA NILKHET Director of Academic Publication
TANYALUK PRASOMTONG President ALSA International Board 2021/2022
It is our pleasure to bring the second edition of ALSA Legal Newsletter for the term 2021/2022! As we all know, the emergence of the COVID 19 had significantly impacted our lives, including human rights as a consequence of this disease Therefore, we believe it is crucial to bring up this topic for discussions This edition aims to educate and give insight to the readers regarding the theme from a legal perspective I hope you are entertained and at the same time informed by this ALN Happy reading!
ALSA International Board 2021/2022 FROM ALSAINTERNATIONALBOARD
GREETINGS PAGE04 AUGUST 2022 | ALSA LEGAL NEWSLETTER
The COVID 19 epidemic has caused a catastrophic loss of life on a global scale and poses an unprecedented threat to food systems, public health, and the workplace While the severely disrupted society and economy resulting from his epidemic have been reported in a large amount of media, we would like to highlight its impact on human rights that belong to all of us
Most importantly, I would like to congratulate all of ALN's contributors I believe hat this issue of ALN will give our beloved readers insights and knowledge pertaining the human rights dimension of the pandemic
It is my great pleasure to present the 2nd Edition of the ALSA Legal Newsletter 2022 and we are delighted to have the opportunity to continue this legacy of effort in strengthening the academic commitment and legal skills throughout all National Chapters, as per the four pillars of ALSA
Through this publication, not only will this be a space for our ALSA members to showcase their potential, but it will also be a platform comprising diverse viewpoints on concerns and issues of human rights in the Covid 19 pandemic
I would like to recite a quote from Anais Nin, “We write to taste life twice, in the moment and in retrospect ” I hope that ALN would not only benefit the contributors who will get the chance to relive, reminisce and revisit their thoughts and past experiences through what is meticulously co ALSA, Always Be One
Greetings from ALSA International Board
Greetings from ALSA International!
Greetings ALSA members and readers!
AZIEZUL SAFWAN ZAKARIA Vice President of Academic Activities ALSA International Board 2021/2022
SIRISAY VONGSAMPHANH IFFAH HJ PUASA ANGELLE CING MEETTHEEXECUTIVEEDITORS Junior Executive Editors DIMAS ARYA WIRATAMMA BEH XIN YI KHOO YI TENG Creative Media Executives PAGE05 AUGUST 2022 | ALSA LEGAL NEWSLETTER
COVID19V iti PtfH Right
Two years ago, the World Health Organization (WHO) announced that the Corona Virus Disease 2019 (COVID 19) disease had officially become a pandemic Therefore, one of the Indonesian government's efforts to prevent and reduce the spread of COVID 19 is implementing a COVID 19 policy regulated in the Minister of Health Regulation Number 23 of 2021 concerning Vaccination
The Indonesian government faces various challenges in implementing the vaccination program One of the challenges in implementing this vaccination program is the difficulty of distributing the COVID 19 vaccine evenly due to the geographical condition of Indonesia, which is an archipelagic country. In addition, not all region in Indonesia have easy transportation access and the same facilities to support the vaccination program
Implementation in COVID 19 Pandemic The targets of this vaccination program include health workers, public officials, the elderly, the general public, and vulnerable people Based on data from the Ministry of Health of the Republic of Indonesia, the coverage of COVID 19 vaccination as of 27 April 2022 had reached 199,000,000 doses (95 63%) for the first dose vaccination and as many as 164,500,000 doses (79%) for the second dose vaccination and 36,800,000 doses (17 68%) for the third dose vaccination with a total target of 208,265,720 doses of vaccination
In addition, the right to health is a part of human rights guaranteed by Article 25 of the Universal Declaration of Human Rights ("UDHR") 1 Furthermore, the right to health is also regulated in Article 28H paragraph (1) of the 1945 Constitution, which guarantees that all Indonesian citizens have the right to health services Therefore, as a state of law, Indonesia is obliged to provide proper health care facilities as a form of protection of human rights to its citizens
The Indonesian government must continue to strive to eliminate the existing limitations in the implementation of the vaccination program because the Indonesian government has the obligation and responsibility to provide health care facilities as regulated in Article 34 paragraph (3) of the 1945 Constitution of the Republic of Indonesia ("1945 Constitution")
Written by: Muhammad Zahiir Al Faraby, Indonesia
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AUGUST 2022 | ALSA LEGAL NEWSLETTER
There are also several regulations that were made in order to support this action One of them is Law Number 2 of 2020 concerning the Stipulation of Government Regulation in Lieu of Law Number 1 of 2020 (Covid 19 Handling Law) There was also a Decree of the Minister of Health of the Republic of Indonesia, HK 01 07/MENKES/230/2021, published concerning the establishment of emergency hospitals These laws were initially made as the main foundation that sought to protect all civil rights
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ChallengesFacedby Indonesiain DistributingHealth FacilitiesDuringthe Pandemic
Written by: Aliya Chairunnisa, Indonesia Indonesia is an archipelagic country in Southeast Asia with a total of 17,000 islands as of 2021 In fact, the Central Bureau of Statistics reports that there will be over 273 million people in Indonesia by 2020 This physical feature accompanied by population figures comes with a huge challenge in the distribution of public facilities, especially in healthcare Article 28 H paragraph (1) of the UUD 1945, Indonesian Constitution, states that everyone has the right to live in physical and spiritual prosperity, to have a place to live and a good and healthy environment and have the right to obtain health services we could instantly relate this matter to the current phenomenon, the COVID 19 pandemic After the announcement of the first case of COVID 19 in Indonesia, the government appealed to the residents to keep a conducive atmosphere and resort not to panic buying Field facts recorded that the transmission of the Corona Virus occurs swiftly Within 11 days after the announcement of the first case, the number of positive cases of Corona reached 69 people, 4 of whom died and 5 cases recovered On March 13, the President signed Presidential Decree Number 7 of 2020 concerning the Task Force for the Acceleration of Handling Covid 19 The government has tried to quickly handle the situation by forming rapid response teams all over the needed zone COVID 19 referral hospitals were added to 132 government hospitals, 109 hospitals belonging to the national army (TNI), 53 national police hospitals (POLRI), and 65 national company hospitals (BUMN)
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Indonesia had to face right after it The geographical condition and population mass in the aforementioned are the core issues that the government has to handle in a short time The struggle to provide such readily available, accessible, acceptable, and qualified facilities of healthcare still persists Apart from having several islands with poor transportation which limit the mobilization, Indonesia still has to deal with medical personnel, public awareness, and an unstable economy
No matter how many obstacles must be overcome, every country should take the most effective steps to protect and uphold the rights of its people to survive It would be great if Indonesia could learn from developed countries about how to solve difficulties like focusing on digital advancement and distribution of health center allocation By wisely utilizing technology, most complications like spreading pertinent information, tracking infected patients, and even administration will gradually be settled Arranged allocation of health centers in many spots of crowded regions by calculating the scale per population also will prevent any discrimination against minorities like indigenous people I believe that with adequate cooperation between the law enforcers, government, medical personnel, and other relevant colleagues, Indonesia could solve all the obstacles and significantly recover from the pandemic
AUGUST 2022 | ALSA LEGAL NEWSLETTER
Unfortunately, the existing regulations and actions are not able to satisfy the needs of all There were a lot of challenges
Article 19 of the Universal Declaration of Human Rights stated that Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers. However, our freedom of expression should be based on the truth whilst organizations try to handle the issues because the line between distributing fake news and exercising freedom of speech is unclear, making it difficult for organizations to preserve one human right without jeopardizing another
FakeNewsSpreading DuringtheCOVID-19 PandemicinLaos
In the digital era, each and every single citizen can disseminate information freely, especially on social media platforms. In contrast, some online news does not filter the quality and accuracy before releasing information as traditional news. Online news is also a vulnerability for individuals or groups to exploit or create social unrest by creating fake news, especially during the COVID 19 pandemic. For instance, there was a Facebook user who shared an article with content that the vaccine booster is an expired vaccine and advocated people not to get vaccinated. Actually, messages shared are disinformation. Subsequently, Dr. Sisawat Soudthanilaxay, Deputy Director General, Department of Disease Control, Ministry of Health, said at a press conference on December 15th, 2021 that Prohibiting people from getting vaccine boosters, which is not true. As a result, people are afraid of getting vaccinated in the booster dose because of having trusted in fake news and that may harm health security.
AUGUST 2022 | ALSA LEGAL NEWSLETTERPAGE09
Inaddition, in Chavez v. Gonzales, G.R. No. 168338, Feb. 15, 2008, the Supreme Court explained that from the language of the specific constitutional provision, it would appear that the right to free speech and a free press is not susceptible of any limitation. But the realities of life in a complex society preclude a literal interpretation of the provision prohibiting the passage of a law that would abridge such freedom.
Written by: Souphatsone PHONEMANIVANH, Laos
"The government of Lao PDR should take a few steps to reduce fake informations and encourage public to understand the danger of fake news."
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In terms of Lao PDR Law, there is a provision that “disseminating fake news which endangers individuals', juristic persons’ and organizations’ dignity”, stated in the media law. Nevertheless, one sector of the punishment provision in the media law as “people who contravene should be reeducated, warned, paying fines and others.” should be covered to persons not specific only journalists. In addition, it could have a specific punishment in the law for reducing the gap. The government of Lao PDR should therefore take a serious action by:
3 Making the specific provision or decree on Fake Information, including general information, punishment and so on Furthermore, the investigation should be transparent and fair
1 Promoting news literacy and encouraging people to question what they are reading, and showing them how to verify and debunk content
2 Supporting public, private organizations, and schools to implement teaching online media literacy to train students and adults in order to avoid being a victim of fake news
“For freedom of expression is not an absolute nor is it an “unbridled license that gives immunity for every possible use of language and prevents the punishment of those who abuse this freedom.” As I see it the right to free speech and expression must be held in the greatest esteem. The fact that its unrestricted exercise is necessary to protect all other rights justifies this priority. In contrast, this shouldn't be seen as a license for its arbitrary execution, particularly during a public health emergency, the freedom to free speech and expression must be applied responsibly. Unreliable information regarding the pandemic might pose risks that could be more harmful than beneficial.
AUGUST 2022 | ALSA LEGAL NEWSLETTER
THEECONOMICAND SOCIALRIGHTS CONSEQUENCEOF PANDEMICRESTRICTIONS AUGUST 2022 | ALSA LEGAL NEWSLETTER PAGE11
Therefore, the Indonesian government captured this phenomenon by issuing Government Regulation Number 21 of 2020 concerning Large Scale Social Restrictions in the Context of Accelerating the Handling of COVID 19 on March 31, 2020. The essence of this policy is to limit the activities of Indonesian citizens so as not to transmit and spread the COVID 19 virus Indeed, restrictions are allowed if referring to the International Covenant on Economic, Social, and Cultural Rights (ICESC) Article 4 which states that, "the State may subject such rights only to such limitations as are determined by law only in so far as this may be compatible with the nature of these rights and solely for the purpose of promoting the general welfare in a democratic society ” Moreover, this limitation is allowed in the Siracusa Principles for the sake of public safety, meaning protection against danger to the safety of persons, to their life or physical integrity, or serious damage to their property
Written by Muhammad Firman, Indonesia
The rapid development of technology and information has major implications for all aspects of human life Currently, nearly everyone utilizes transactions or trades via the internet or what we usually call “e commerce”, which gives us an easy way of transacting Especially during a pandemic like today, many would prefer to make transactions via the internet Consequently, this has an impact on merchants who are also adapting to these changes by utilizing E commerce
With the facts above, it can be seen that government policies need to accommodate all sectors of life Although the limitation of this right is necessary for redressing an abnormal situation, as soon as the problem is over, the state must return the right for the sake of respecting and fulfilling human rights
Moreover, the economy is not only the task of the Government of Indonesia but also the joint task of the entire Indonesian state and nation This can be seen in the 1945 Constitution Article 33 paragraph (1) which states that "the economy is structured as a joint effort based on the principle of kinship "4 So in this case, PSBB needs to be made back to normal so that the Indonesian economy will improve, and Indonesian citizens will be more prosperous Because actually welfare is a human right that needs to be accommodated so that the fulfillment of rights can be recognized by the state
However, the fact is that Indonesia has experienced a decline in the level of the economy which affects the welfare of entrepreneurs According to data from the Indonesian Retail Entrepreneurs Association, as of June 2021, 200 shops were closed 2 Because of the PSBB (Large Scale Social Restrictions), Indonesian people are not allowed to leave their homes and carry out activities freely Tutum Rahanta, a member of the Advisory Council of the Association of Retailers and Tenants of Indonesian Shopping Centers stated, "If this [PSBB] is carried out again, we are already bleeding, I think it has accelerated the 'deaths' in our sector "
ThePhenomenonofLarge-ScaleSocial RestrictionsAgainstIndonesia'sEconomicDecline
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The government has guaranteed the rights of workers and employees in Law Number 13 of 2003 concerning Manpower, for protection regarding termination of employment which is regulated in this law in Chapter XII to be exact in Articles 150 172. However, Article 164 paragraph 1 of the Manpower Act explains that the company can terminate the employment relationship because of force majeure.2 And is also regulated in Government Regulation number 35 article 5 which contains rights that can be obtained for those affected by the termination of employment due to force majeure reasons. Force majeure itself is usually associated with the term 'force majeure', which is a condition that cannot be avoided and is beyond human ability Because if we look at the impact of the global coronavirus pandemic in all sectors, this could be related to the force majeure element
Written by: Alfiyah Nur Inayah, Indonesia
In 2020 Indonesia found the first case of Corona Virus and it evolved into a pandemic The increase in the coronavirus will not only have an impact on the health sector In the economic field, the Government urges people to work from home (WFH) This rule greatly limits the activities of the people work The rules for limiting social activities at work are regulated in Government Regulation Number 21 of 2020 and the Regulation of the Minister of Health of the Republic of Indonesia 2020 One of the consequences is that many companies experience difficulties in operating, some of those have experienced a decline and have implemented policies that are very detrimental to employees, for example laying off workers, but they are not paid and end in termination of employment that violates their rights Based on data released by the Ministry of Manpower, there are 2 8 million workers who are directly affected by Covid 19 They consist of 1 7 million formal workers who have been laid off, and 749 4 thousand have been laid off (employment)
"Solutions are needed from the Indonesian government in legal protection for lay off workers"
Even if the termination of employment is based on force majeure reasons due to the influence of the coronavirus, then this can be justified, but considering a large number of layoffs, the government should pay more attention and provide solutions to this problem
LayoffsDuringthePandemic:ViolationorNot?
AddressingIndonesia'sSocio-Economic ChallengesamidPandemic
Before implementing the Community Activities Restrictions Enforcement (PPKM) as one of the government's various regulations and restrictions to reduce the spread of COVID 19 in Indonesia, the government had implemented Large Scale Social Restrictions (PSBB), which took place in many regions Restrictions on large scale activity have created social and economic challenges, two of Indonesia's vulnerable aspects. The restrictions turned out to be less effective as many people have not fully received legal protection from the regulations made by the government
Written by Vincensius Derby Isaac Lumme, Indonesia
"Indonesia with Large-Scale social Restrictions and the massive challenges in every aspects."
The socio economic fallout of the pandemic led to an increase in the decline in commercialization in formal and informal sectors The economic downturn caused many companies to go out of business or go bankrupt, which led to layoffs (PHK) Based on the survey by the Ministry of Manpower in November 2021, 72,983 workers were laid off amid the pandemic; some even did not receive severance pay, which is an obligation enshrined in Law No. 13 of 2003 on Manpower. In addition, social welfare has experienced a significant deterioration; for instance, the limited social side, a considerable increase in impoverished families, a decrease in average income, and any contingency will lead to the rise of criminals
In conclusion, the COVID 19 pandemic has affected overall social and economic aspects Thus, the government needs to ensure that everyone's socio economic rights are fulfilled adequately, as enshrined in Law No 11 of 2005 on Ratification of the International Covenant on Economic, Social, and Cultural Rights The rights to adequate food, housing, education, health, social security, water and sanitation, and others The government should directly give social and economic assistance to those who are socially and economically at risk amid the pandemic It can take the form of expanding benefits and coverage in current socio economic protection programs and/or making new protection to those not fully covered by current programs
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To position socio economic rights in a legal system is to interpret life's fundamental aim The government is obligated to protect everyone’s socio economic rights as enshrined in the Constitution, Social Welfare Law, Human Rights Law, and others However, while the restrictions are being implemented, some people still have not received social services from the government, making their rights to basic needs inadequately fulfilled from con resu data spe exp prec som cyb that thef eve con
The Covid 19 pandemic has caused many people to stay at home and spend a lot of time in cyberspace, specifically on social media such as Twitter, Instagram, TikTok, and Facebook Indonesia is one of the countries whose people have to go through this phase The thing that makes it even more complex is that Indonesia is a democratic country that gives freedom to the people in many ways, such as the right to associate, assemble and voice opinions (regulated in Article 28 of the 1945 Constitution)
Social media that is already popular becomes increasingly popular due to the pandemic, as people cannot voice their opinions directly in person because of activity restrictions, so they use social media as a medium of expression The problem is, people take advantage of that freedom, the freedom that should be used to express constructive aspirations and ideas. In fact, people spread fake news, slander, hate speech, provocation, and misleading invitations then hide behind the freedoms that are regulated in democracy. For example, an organization in Indonesia that promotes other ideologies that are different from Pancasila, becomes very ironic; some people want to use democracy to destroy democracy itself
FreedomAbusedin Indonesia:Democracy ImplementationThat ThreatensIntegration
Just in terms of physical attributes, people are divided and discriminated against such as slim against overweight, white compared to black, and tall with short If the discussion is more serious, with a focus on politics or religion, society will be more polarized The polarization of society will result in the threat of national disintegration An example of such a case is what was done by a former Indonesian Minister of Youth and Sports, Roy Suryo, who on his Social Media platform retweeted a meme of the Buddha statue at Borobudur Temple which was edited to resemble the President of the Republic of Indonesia, Joko Widodo What he initially did was to criticize the policy of increasing ticket prices for Borobudur Temple, but it was conveyed through social media in the wrong way, so that it could offend a religious community, in this context, Buddhism.
There are still many people who cannot distinguish between opinions and insults that refer to bullying For example, people who offend other people's physical form, for those commenting, it is considered as an opinion, but for those who are commented on, it can of course be offensive This is what is not widely understood by many people, that criticizing and insulting is not the same thing People think that because they have the freedom to do so, it means they have the right to say anything, including insulting other people They abuse their freedom of expression for their own benefit and satisfaction without thinking about other people's feelings
prec som cyb that thef eve con "Social media as a popular medium to express public's voices and opinions during the pandemic COVID 19 "
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Written by: Novelia Ellianna Anwar, Indonesia
EMERGENCYLAWSAND RESTRICTIONSON CIVILIAN’LIBERTYIN PANDEMICRESPONSES AUGUST 2022 | ALSA LEGAL NEWSLETTER PAGE16
from con resu data spe exp prec som cyb that thef eve con
The International Covenant on Civil and Political Rights (ICCPR) and other human rights treaties provide that non derogable rights should be enjoyed to their fullest and not be breached
Accordingly, these policies should be in line to prevent diseases or damage, as well as provide treatment to the sick or injured In addition, limitations on non absolute rights are legal when they are clearly stated, which is necessary for a democratic society, and are commensurate to the stated objectives In other words, no other less significant purpose should be met by this justifiable goal.
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Written by Arianne Joy Fabregas, Philippines
Furthermore, the state has the responsibility to protect these non derogable rights, if not, the state will be held accountable However, as the state imposes health restrictions to combat COVID 19, unfortunately, many were affected. Lockdowns have had a negative influence on jobs, livelihoods, access to services such as health care, food, water, education, and social services, as well as home safety, appropriate living conditions, and family life became difficult
Meanwhile, the ICCPR also includes derogation clauses that allow for the temporary suspension of fundamental rights in the event of a national emergency This is in line with the "Siracusa Principle," according to which a state can cite a public emergency to exclude itself from the ICCPR's duties under Article 4, allowing it to respond to substantial harm to the population's or individual members' health. The potential abuse of applicable provisions allows governments to limit or deny certain rights under the International Covenant on Civil and Political Rights This should necessitate thorough scrutiny of the conditions and grounds for permissible limitations and derogations to achieve effective rule of law implementation Furthermore, states should reaffirm the Siracusa Principle to establish clear limitations on rights restrictions during a public health emergency to balance civil liberties and restrictions for pandemic response
On March 11, 2020, the World Health Organization declared SARS CoV 2 a pandemic Following the declaration, COVID 19 has caused governments to impose emergency laws, such as mandating civilians to wear a facial mask, ensuring social distance, and lockdowns to minimize the spread of the disease However, many of these emergency laws posed a threat to human rights, especially the liberty of civilians For instance, in the Philippines, wherein the strictest and longest quarantine restrictions in the world were imposed In these contexts, we look at the lens of International Human Rights Law versus the Emergency laws to combat the spread of COVID 19
SiracusaPrincipletoBalanceCivilLibertiesDuring PublicHealthEmergencies.
"Implementation of Non-Derogable Rights to protect the liberty of civilians."
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Limiting civilian liberty is, on some level, acceptable as is affirmed in Article 19(3) of the ICCPR However, the accordance with the proportionality principle, by which legal states must be abided, is to be regularly examined; otherwise, civil liberty would be limited to excess, hence, the inconsistency in the rule of law principle of the state Thailand has been enforcing the Emergency Decree on Public Administration in Emergency Situations (2005), or Emergency Decree in short, since 26 March 2020 and still being under such decree until 31 July 2022, due to the 18th consecutive extension Resulting from enforcement, Thais’ lives have been affected from the ordinary daily routine to the serious level involving the democratic issue Regarding the daily life aspect, the early version of regulation once went so far that in restaurant eating was prohibited The curfew used to start from 21 00 04 00 These examples indicate that it’s impossible for night businesses to run and workers in such fields also suffered from their loss of work However, the regulation concerning this aspect has eventually ceased those limitations as to the situation improvement Regarding the democratic issue, the Emergency Decree, on the contrary, shows no ease and consistently maintains its roughness upon the protestors as, by now, there are still the prosecution's citing the violation of the Emergency Decree
AUGUST 2022 | ALSA LEGAL NEWSLETTER
ThailandEmergencyDecreeEnforcement:timeto
"The contrast in two aspects obviously highlights such a wide range of limitations of the Emergency Decree that it could create two opposite scenarios at the same time and illustrate the disproportionate and excessive limitation of civilian rights, especially the right to assembly."
Civil rights or liberty that are frequently limited under the pandemic circumstances are the right to travel, the right to assembly, and the freedom of expression regarding news censorship aspect With an act where the restriction mostly concerns one specific issue, several acts must be enforced in order to cover all the restriction goals On the contrary, with emergency law which is considered the tougher one, most types of civil liberty are subjected and could be limited by this sole authorization
SetAside
Written By Patharanist Wannapoglang, Thailand
To respond to the pandemic situation, the regulations on civilian liberty and emergency law have been enforced
The contrast in two aspects obviously highlights such a wide range of limitations of the Emergency Decree that it could create two opposite scenarios at the same time and illustrate the disproportionate and excessive limitation of civilian rights, especially the right to assembly
All of the aforementioned information indicates that the Emergency Decree's consequences, which include an excessive restriction on freedom and a contradiction to how people currently live, should be taken into consideration as grounds for it to be set aside
Written by Kim Seo Yun, Republic of Korea
The whole world has been suffering from the COVID 19 pandemic since early 2020 Accordingly, Korea has opened some information publicly and the movement route of the confirmed cases to the public, limited the use of multi use facilities, and carried out the social distancing policy to control people’s movement and private gatherings to take action against the pandemic situation
Disclosure of personal information including the movement route of the confirmed cases was a method to deal with COVID 19 efficiently in the early stages, but delivered high privacy risks such as unintended disclosure of personal information, weakening the privacy protection, etc After when the movement path of the confirmed cases was disclosed, excessive criticism of the patients which had caused some patients to be reluctant to report themselves, which raised the point that ‘It is critical to take preventive measures and keep public health, but it’s also important to protect basic human right
On September 29th of 2020 and March 9th of 2021, the 2nd of the 34th article in the act on the prevention and management of infectious diseases3 has been revised to solve the problems like personal information invasion The article above mentions that the information can be disclosed to prevent infectious diseases, but the information that is not relevant should be excluded. Also, after the purpose of disclosure has been achieved, the information should be eliminated to prevent unintended disclosure of personal information and protect the public The Republic of Korea has learned from the past and prepared a measure to handle COVID 19 that can least disturb a person’s privacy although has not been successful in keeping the previously confirmed cases from the privacy invasion
AUGUST 2022 | ALSA LEGAL NEWSLETTER
DisclosureofPersonalInformationasthe CountermeasureagainstCOVID-19
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Now, no one may guarantee that pandemics like COVID 19 will not occur again by the moment we are facing the shift to the post COVID 19 Established on the trial and misjudgment that we underwent with COVID 19, everyone hopes to see the measure that can least invade the basic rights of the public and attain public interest when we are coping with the pandemic in the future
Limiting one’s freedom to a certain extent for the prevention and the spread of diseases such as COVID 19 is inevitable According to the 2nd of the 37th article in the constitution of the Republic of Korea, the basic right of the public may be limited for some reasons such as public welfare, but it can’t be invaded in its essential content 2 Consecutively, there should be a limit on the scope of restrictions on personal freedom even if it’s for public health and safety, and the limitation should follow the proportionality to make sure that it doesn’t intrude on the part and parcel of public rights
Senior journalist Farid Gaban was purportedly accused of distributing false information and insulting the authorities on social media by Cyber Indonesia Chairman Muannas Alaidid Farid Gaban acknowledged that Muannas had sued him and had threatened to file a criminal complaint against him if he did not retract his criticism of Teten According to the Cyber Defamation Article 28 Paragraph (2) of the ITE Law, Article 207 of the Criminal Code, and/or Articles 14 and 15 of Law Number 1 of 1946, Muannas reported Farid to the Police
AUGUST 2022 | ALSA LEGAL NEWSLETTER PAGE20
DuringtheCOVID-19Pandemic
Written by Difa Zahra, Indonesia
The Indonesian government is denying itself Since January 2020, the government has consistently rejected the coronavirus issue It has taken 2 5 months to respond effectively in order to stop the spread of the coronavirus Earlier in 2020, although there have been no documented COVID 19 instances, the denial position is linked to 'anti scientism,' which disputes the premise that the virus has been affecting the community This refusal is due to Indonesia's failure to detect coronavirus in early infection settings (known as a "false negative" result) Scientists believe they were not consulted by the government while making choices, therefore any claims that Indonesia is immune to the coronavirus are unfounded
PolicyandCommunicationFailuresinIndonesia
The problem of the coronavirus pandemic becomes more complex, according to Professor Jeremy Rossman, President and Founder of Research Aid Networks, when there is a lack of scientific data and facts Despite the fact that the Indonesian government has not declared a state of 'civil emergency,' the condition of fear and threats is eerily similar to that of Soeharto's military dictatorship After establishing restrictions that are damaging to free expression, the national police have responded inconsistently In terms of human rights, the status of "civil emergency" underscores the repressive nature of the situation It is possible to limit the freedom of expression, association, and assembly For example, in the case of Farid Gaban, he criticized Teten Masduki, the minister of cooperatives and small and medium enterprises (SMEs) His criticism focused on how the government prioritized helping businesses during the COVID 19 outbreak
In conclusion, it is apparent that human rights issues are in grave danger Many legal protections and rule of law requirements are violated by the COVID 19 emergency statute In this non natural disaster emergency situation, it is clear that the topic of human rights has not yet become a viable strategy or approach Not surprisingly, the 'New Normal' strategy has resulted in concerns that are concerning not only from a medical standpoint but also from a human rights perspective This indicates that the implementation of anti democratic and restrictive policies will continue to erode democracy The main distinction is that this public health emergency is being utilized as a legal foundation to limit residents' rights throughout Indonesia
The pandemic's emergency powers have been abused by enacting immunity locking regulations that reinforce legalized corruption, particularly among those in charge of the pandemic's management This allows the government to undertake policies in the name of responding to the pandemic without being held accountable for how the state budget is spent On the other hand, military authorities, rather than health and medical experts, have dominated the COVID 19 response
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FREEDOM OFEXPRESSION AUGUST 2022 | ALSA LEGAL NEWSLETTER PAGE22
FreedomofExpression: FindingaDelicateBalance BetweenCausingPanicand RaisingAwareness
"The internet became vital in acting as a tool of freedom of expression as it is now a public service that is accessible to many. This makes it easy to facilitate the rapid spread of news. Despite its benefits, it also poses certain risks and consequences, especially now when it is faster to share information before disseminating it. Indeed, the phrase “think before you post” is not a virtue of many."
Not much was known about the novel virus at first but the media truly played a significant role in providing notice This is especially true for Brunei Darussalam Unfortunately, such information oftentimes did not have the chance to be vetted, causing anxiety and fear amongst people Bruneians had purchased necessities in panic and there were conspiracies regarding the efficacy of vaccines as well as the origins of the virus This was a significant barrier in fighting COVID 19 as it could easily influence individuals’ behaviors and negatively distort public perception
In society, citizens need to engage in pluralist dialogue or have access to platforms that allow critical voices to be heard This allows the exchange of information and ideas while encouraging the formation of individual opinions regarding issues that are of public importance
The internet became vital in acting as a tool of freedom of expression as it is now a public service that is accessible to many This makes it easy to facilitate the rapid spread of news Despite its benefits, it also poses certain risks and consequences, especially now when it is faster to share information before disseminating it Indeed, the phrase “think before you post” is not a virtue of many
The government’s response was crucial The public was continuously reminded of Section 34 of the Public Order Act (Cap 148), stating that spreading misinformation and causing public disorder could result in a fine of $3,000 and imprisonment for 3 years Furthermore, the government was also not against enforcing said law A local woman had been arraigned by prosecutors in the Magistrate’s Court as she was being charged under the same provision for making claims through a video that was likely to cause public disorder The defendant had recorded saying that the police had raided a restaurant in which the employees were violating quarantine orders, which was not the case
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Written by Aisyah Razimi, Brunei Darussalam
Overall, it can be said that a delicate balance had been achieved in Brunei Darussalam in terms of raising awareness without causing unnecessary panic The government’s role and its ability to be transparent with the citizens as well as the public’s acceptance of and trust in the government’s efforts were crucial in facilitating such a circumstance
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Bruneians were encouraged to verify information by visiting the Ministry of Health’s social media platforms while daily press conferences were conducted to allow the ministries to give updates regarding the current state of the country as well as inform the public of any orders or changes It also served as a platform for the National television news and local independent newspapers to bring forward queries and concerns from the people straight to the relevant ministries for direct answers
Measures to ensure transparency were carried out to curb the spread of misinformation and also provide the public with the real facts
PAGE04
To illustrate, Regulation No 29 grants government authorities to prosecute individuals responsible for communications that may “instigate fear” or “are intended to distort information to mislead understanding of the emergency situation to the extent of affecting the security of the state or public order or good morals of the people ”
The world is now facing the coronavirus pandemic since the first case emerged in late December 2019 The disease has spread to several countries rapidly and caused a global pandemic As a consequence, social media has become an important tool that helps people gain information about COVID 19 because it is a communications medium with widespread influence over cities as well as remote areas Various social media sites and apps such as ‘Tiktok’ and ‘Mor Prom’ (meaning “Doctors’ ready”) have updated the latest situation and crucial instructions regarding the disease
AUGUST 2022 | ALSA LEGAL NEWSLETTER PAGE25
Written by Kanchanit Horuengwetkij, Thailand
Thus, the Thai government announced Regulation No 29, in accordance with section 9(3) of the Emergency Decree on Public Administration in Emergency Situation B E 2548 in an effort to restrict the right to freedom of expression by censoring online speech and investigating internet users
RestrictionsonFreedomofExpressionduringthe Pandemic
Even though social media is a valuable source of information and a decent way to keep informed with the massive amount of medical knowledge, it also played a key role in spreading anxiety and panic about the COVID 19 outbreak
After the promulgation, the government has faced a lot of criticism considering that these provisions contain vague and overbroad language such as the terms “fear”, “security”, “public order” and “good morals” There is also a remark that Regulation No 1 is sought to prosecute solely for the “false information”, which differs from Regulation No 29 which removes such term, meaning that the Thai authorities can prosecute people for expressing critical views of the Government’s COVID 19 response even if it is true information The Human Rights Lawyer Alliance and 12 media outlets had decided to file a complaint with the Civil Court against Gen Prayut and the head of the CCSA Consequently, on 9 August 2021, the government revoked such regulation by promulgating Regulation No 31 after the Civil Court rules in favor of the media
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The press must become familiar with media ethics in mass communication to educate media consumers with reliable sources and accurate information, while the government also takes an important role in examining false information and recognizing the balance between individual rights and state regulation which is both necessary in the age of the pandemic
Nevertheless, Thailand also has the Computer related Crime Act (No 2) B E 2560 which includes the terms ‘public safety’ or ‘the maintenance of national security' and can be enforced so far This controversial act was also widely criticized for the reason that it gives overly broad powers to the government to restrict free speech
REMOTEHEARING: ACCESSTOTHELEGALAID AUGUST 2022 | ALSA LEGAL NEWSLETTER PAGE27
According to the Universal Declaration of Human Rights, access to justice is the individual right to a fair and public hearing or effective remedy as described in the Declaration Therefore, the concept of equality before the law, wherein a person has the right to be treated fairly before the law,1 is crucial to the existence of access to justice Legal aid comes as a manifestation of the state's responsibility to ensure legal certainty and equality before the law to people under the Constitutional mandate section 28d section 1 and has become one of the fundamental aspects of the exertion to bring about justice
Certain legislation and policies guarantee and preserve the achievement of the right to legal aid in obtaining the right to access justice Law Number 16 of 2011 concerning Legal Aid, Presidential Decree Number 53 of 2021 concerning the Human Rights Action Plan, and the Middle Term Development Plan 2021 2025 are all regulations and policies in Indonesia that fundamentally "perform the respect, protection, fulfillment, enforcement, and human rights inquiry in Indonesia toward women, children, the disabled, and indigenous communities "2 Legal aid also contributed to the changes It started with the coming out of Circular Letter of Supreme Court Number 5 of 2020 concerning Enforcement Guidelines During the Spread of the COVID 19 Pandemic in the Supreme Court Environment & Underlying Justice Agency, legal aid is also undergoing an execution transition from face to face to online activities as part of an e litigation effort
AUGUST 2022 | ALSA LEGAL NEWSLETTER PAGE28
TransitiontoLegalAidPractice DuringThePandemic
Written by Andyta Sekar Pratiwi, Indonesia
COVID 19 has had an impact on many aspects of society, including the global and national economies As a result of the recession and economic crisis, poverty increased significantly, which later affected national stability and vulnerability To maintain national stability in the pandemic era, the state is obliged to protect the safety of all citizens at the time of the pandemic, based on the principle of "salus populi suprema lex esto," which means “let the welfare of the people be the supreme law” and to ensure rights to access justice and equality before the law in order to uphold human rights even in the face of the pandemic In the Oxford Dictionary 2020 dictionary, Xenophobia refers to hatred or prejudice against people from other countries If we look at the ancient Greek term that underlies the word xenophobia, "xenos" means strangers, and "phobos" is fear, or overall is "fear of strangers"
Despite how promising the implementation of online legal aid is, there are still some challenges to be aware of First is the issue of the digital gap The pandemic pushes the use of digital technology for legal aid However, many of those who provide and receive legal aid still underqualified to use current new technologies like video conferencing The second is the decrease in revenue experienced by law enforcement during the pandemic Due to the fact that funding from the state (through national law enforcement) or the organization in which they reside does not adequately provide for their subsistence, not all legal aid providers make their profession their primary source of revenue So, many of them leave behind legal aid services and seek other sources of income The third is the emergence of numerous new cases that have not been faced by previous legal aid providers, such as the two new cases that are currently frequently encountered, namely the protection of the right to health access through COVID 19 referrals and the maladministration of social assistance, where many of the legal aid providers lack the knowledge and skills to handle these cases
This coincides with social restrictions and the implementation of health protocols by governments in order to minimize the spread of COVID 19 For example, legal escort was given to a woman accused of possession of a narcotic, whose trial was conducted on a hybrid basis The first trial was conducted in the court as usual in accordance with the health protocol, whilst following one was held online with the defendant attending from the detention center through a telecom mechanism Thus, legal aid is done using face to face online methods of non litigation such as information sharing and consultation In addition, legal institutions frequently give legal aid socialization through webinars, as well as educating advocates and paralegals on how to efficiently implement legal aid
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AUGUST 2022 | ALSA LEGAL NEWSLETTER XENOPHOBIA AGAINSTASIANS PAGE30
Written by Maythanun Ngamkittikhun, Thailand
"
ASIANAGAINSTASIAN:COVID-19ANDTHE
As the pandemic of Covid 19 surged, we were willing to stand in solidarity with our Asian brethren across the continent Our cries against injustice echoed from Europe to North America in protest against the insidious xenophobia they had to suffer as foreigners However, to search for this irrational anger against Asians, we need not turn our sight towards the far away land, as ample examples of such discrimination that our Asian fellows had gone through can already be found within our domestic border, actions of hatred carried out callously by our countrymen and endorsed negligently through our own inactions
In Thailand, the surge of Covid19 arrived in waves, and the advent of each wave was always attributed to a particular set of actions by individuals This personal assignment of blame has been successful in projecting the public attention on an individual's faults rather than the true root of the problem, which are the many deficiencies presented in our healthcare system As some form of superiority bias has always been present in Thailand against other Asians, especially those from the neighboring countries, many minority groups of Asians living in Thailand have become easy targets for public outrage through their portrayal as the uneducated foreign thugs who had brought the pandemic into our country
"As some form of superiority bias has always been present in Thailand against other Asians, especially those from the neighboring countries, many minority groups of Asians living in Thailand have become easy targets for public outrage through their portrayal as the uneducated foreign thugs who had brought the pandemic into our country.
INTERNALXENOPHOBIA
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One particularly alarming incidence of this xenophobia happened in December of 2021
One was proposed by the citizens led by the Thailand Foundation for AIDS Rights, the other was proposed by the government’s Rights and Liberties Protection Department
There had been a surge of Covid 19 in Samutsakhorn province, commonly considered to be the industrial backbone of the nation whose workforce is primarily comprised of Myanmese labour Immediately following the news coverage of the situation, the local Myanmese were painted as the culpable party, the sentiment which the public had both accepted and propagated Following this event, anti Myanmese behavior could be observed all over the country, including the churning of products with even the faintest Myanmese association, especially seafood, causing many to fall into destitution On the other hand, the harsh and unsanitary work and living conditions that the Myanmese labor had been subject to remain largely unaddressed
While both bills aim to assign active responsibilities and entrust necessary power in regard to eliminating discrimination to a particular organization, their details differ in whether this mission shall be headed by a newly established body or the existing Rights and Liberties Protection Department Either way, until either bill has been approved, the only law regulating the matter of discrimination is the defamation criminal charges, which are notoriously known for disregarding degrading commentary concerning demographic if it is deemed “non personal ”
As of the present, there are still many Myanmese devoid of any opportunities to make a living stuck in Thailand To rectify the lack of legal support against general discrimination, there are currently two different bills for Anti Discrimination Act separately submitted to be deliberated on by the Parliament
In 2015, World Health Organization has issued several guidelines to reduce xenophobic tendencies 4 These guidelines intend to cut violations towards cultural, social, national, regional, professional, and/or ethnic groups Not only that, the International Organization for Migration also said that preventing xenophobic tendencies from the pandemic can be done by developing legal frameworks and policies on discrimination and actively addressing xenophobic tendencies in online forums to reduce anti discrimination action
TheXenophobiaTendenciesLeadTo
Written by Illona Novira Elthania, Indonesia AsianHateDuringTheCOVID-19
Pandemic
The United Nations recognizes Xenophobia as an ongoing international problem due to the effects of globalization and migration Xenophobia has spread to many residents of a country that is considered as a hotspot for Covid 19 transmission Certain groups exploit the fear of the COVID 19 disease by scapegoating certain communities, leading to increased violence against them, one against China and the rest of Asia However, there are provisions of the International Convention on the Elimination of All Forms of Racial Discrimination Article 5 states that states must eliminate racial discrimination in all its forms and promote understanding among all races
In the Oxford Dictionary 2020 dictionary, Xenophobia refers to hatred or prejudice against people from other countries If we look at the ancient Greek term that underlies the word xenophobia, "xenos" means strangers, and "phobos" is fear, or overall is "fear of strangers" Throughout history, viral diseases have often been associated with the place or region where the outbreak was first seen The style and language used in transmitting information about COVID 19 can lead to the spread of xenophobic tendencies The factors are stigmatization and news framing by the media The use of headlines such as “kung flu”, “deadly virus”, and “Wuhan virus” continues to increase, leading to discrimination, fear, and Xenophobic bias have resulted in increased racism against Asian communities due to fear and misinformation in society, leaving Asian people vulnerable to verbal prejudice
The data from Stop AAPI (Asian American Pacific Islander) Hate, received nearly 3,800 reports of anti Asian hate in the U S , including verbal harassment and physical assaults in 2020 2 In the same year, there were 1,135 incidents of verbal abuse and abuse of Asian Americans being verbally and physically abused in the U S 3 There are still many incidents like rejection of Chinese citizens from other provinces against Chinese citizens from Wuhan, Hubei Province, which is also a form of xenophobia
AUGUST 2022 | ALSA LEGAL NEWSLETTER PAGE33
Written by Sirinda Pinphong, Thailand “Xenophobia does not benefit anybody unless you are playing high stakes Scrabble ” said Dennis Miller, a famous comedian from the US The quote seems to be funny but sadly true According to Merriam Webster, the term ‘xenophobia’ means fear and hatred of strangers or foreigners or of strange or foreign things Although this term was not just created when the COVID 19 epidemic happened, it is evident that the COVID 19 threat significantly accentuates this phobia more than before What are the causes of this phobia and how people can solve it is truly worth examining
Firstly, xenophobia has occurred before COVID 19 when immigration started to be omnipresent A large number of immigrants were discriminated against due to their seemingly strange cultures and worries about these outlandish things swamping and burying local cultures This can be deduced by genocide like the Holocaust in Germany or numerous anti immigrant measures from dominant countries such as the US, or even China, which seems to be a main target of xenophobia Arguably, although xenophobia has widely emerged in the US according to measures like the 2006 Fence Act signed by George W Bush or anti Mexican campaigns by Donald Trump, European immigrants appear to be welcomed more than others such as Latin American, Islamic, or Asian people (Erika Lee, 2021) This could substantiate the notion that White supremacy affects how people become xenophobic, so it can be concluded that xenophobia is a legacy of racism a term meaning that some races seem to be superior and be able to dehumanize other races In spite of various laws against foreigners or immigrants unequally treating people due to their races appears to violate and undermine an internationally accepted milestone of human rights; that is The Universal Declaration of Human Rights (UDHR) proclaimed by the United Nations General Assembly in Paris in 1948 It is universally adopted by various legislators and policymakers to assure that fundamental human rights must be protected in every region
"
Additionally, there have been a substantial number of anti discrimination laws inspired by UDHR and ICERD; for instance, The Equality Act 2010 in the US, The Promotion of Equality and Prevention of Unfair Discrimination Act, 2000 in South Africa, The Race Relations Act 1976 in the UK, The Racial Discrimination Act 1975 in Australia, and Directive 2000/43/EC from EU Therefore, all countries have the responsibility to comply with UDHR, ICERD, and state anti discrimination laws despite widespread xenophobia among their citizens; otherwise, it could have negative effects on their international relations both politically and economically Furthermore, the rising number of Asian hate crimes in the US led to the Hate Crimes Act 2020 which intends to reduce violence caused by Asian hate as well
"A large number of immigrants were discriminated against due to their seemingly strange cultures and worries about these outlandish things swamping and burying local cultures. This can be deduced by genocide like the Holocaust in Germany or numerous anti immigrant measures from dominant countries such as the US, or even China, which seems to be a main target of xenophobia.
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Subsequently, the United Nations General Assembly adopted Resolution 2106 in 1965, which established the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) The ICERD command every country to eliminate racial discrimination and promote understanding among all races
HowXenophobiaFlourishesduringthe COVID-19fromtheRoot
Not only can White supremacy lead to xenophobia racism among other nations also plays an important part in rising xenophobic attitudes In Thailand in December 2020 BBC News (2020) reported that thousands of cases connected to a new outbreak of COVID 19 were detected at a seafood market in Samut Sakhon Some of the infected patients are laborers from Myanmar, a neighboring country of Thailand, whom Thai citizens have been insulting because of their poverty These workers received an avalanche of hate speech both online and offline and were also severely restricted by the Thai government’s policies such as leaving their residences, locking, and banning the migrants from moving, and holding them in detention centers with unacceptably poor conditions while rich Thai patients were treated more appropriately As a result, it can be analyzed from the event that xenophobia also tends to arise depending upon financial status Unfortunately, there is only a proposed act aiming to combat racism in Thailand, so Thai authorities who brutally treated infected laborers can be punished criminally due to malfeasance in office at this moment
The current study tested by She, Z , Zhou, N , Li, D et al (2022) found that support seeking and protection efficacy might be a moderator of the indirect relationship between the COVID 19 threat and xenophobic attitudes since people having these things would be more self reassured so that they can be less afraid of the disease and the infected Hence, the government and authorities should make policies to champion this strategy to help decline xenophobia in their nations Besides, the government should legislate laws against xenophobia, as well as promote the negative effects of xenophobia and basic human rights, in order to make this world a better place for everyone
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Wicked as it may seem it has been argued that some people just actually want to protect themselves from the disease so it could not be called ‘hate crimes’ since they do not have prejudice toward infected people This conflict is worth discussing further since it tends to remain throughout the pandemic period Notwithstanding the reasons of xenophobia, the significant question is how we decline xenophobia due to this disease threat since it can be problematic both intentionally and unintentionally
Aprindo mengatakan satu hingga dua toko tutup setiap hari karena pandemi, https://www antaranews com/berita/2282178/aprindo sebut satu sampai dua toko tutup setiap hari akibat pandemi (last visited Jun 18, 2022) Jakarta kembali PSBB peritel di pusat perbelanjaan 'memohon tetap buka karena keuangan sudah 'berdarah darah https://www bbc com/indonesia/indonesia 54106524 (last visited Jun 18 2022)
3 Jakarta kembali PSBB, peritel di pusat perbelanjaan 'memohon' tetap buka karena keuangan sudah 'berdarah darah, https://www bbc com/indonesia/indonesia 54106524, (last visited Jun 18, 2022)
4 Undang Undang Dasar Negara Republik Indonesia Tahun 1945 [UUD 1945] [Constitution] Aug 9, 2002, art 33 (4) Others: Undang Undang Dasar Negara Republik Indonesia Tahun 1945 [UUD 1945] [Constitution] Aug 9, 2002 GitHub, SSEGISandData Covid 19, https://github com/CSSEGISandData/COVID 19 (last visited Jun 17, 2022)
References Right to Health and Life: COVID 19 Vaccination as Part of Human Rights 1 G A Res 217 (III) A, Universal Declaration of Human Rights (Dec 10, 1948), art 25 Challenges Faced by Indonesia in Distributing Health Facilities During the Pandemic 1 Apa Saja Kebijakan Pemerintah Indonesia Di Bidang Kesehatan Untuk Penanganan COVID 19?, https://djpb kemenkeu go id/kppn/tarakan/id/data publikasi/berita terbaru/2829 apa saja kebijakan pemerintah indonesia di bidang kesehatan untuk penanganan covid 19 html (last visited July 16, 2022) 2 Pemerintah Berupaya Memenuhi Pelayanan Kesehatan Masyarakat Secara Berkesinambungan, https://www kemenkopmk go id/pemerintah berupaya memenuhi pelayanan kesehatan masyarakat secara berkesinambungan (last visited July 16, 2022) 3 Penguatan Sistem Kesehatan dalam Pengendalian COVID 19, https://repository theprakarsa org/media/publications/348560 bunga rampai refleksi pembangunan keseha a7564f5d pdf (last visited July 16, 2022) 4 Bunga Rampai, “Refleksi Pembangunan Kesehatan Di Indonesia Dalam Situasi Pandemi Covid 19, http://p2p kemkes go id/penguatan sistem kesehatan dalam pengendalian covid 19/ (last visited July 16, 2022) Fake news spreading during the COVID 19 pandemic in Laos 1 ສກວກຊນ + ຫາມເຊອຂາວປອມ ເສບຂາວຢາງມສະຕ, https://fb watch/dJk9TErVUp/ (last visited July 22, 2022) 2 ແຈງຂາວລ ຫາມປະຊາຊນໄປສກວກຊນເຂມທ 3 ນນ ແມນບເປນຄວາມ ຈງ, https://www facebook com/816243455135583/posts/46819 22458567644/?d=n (last visited July 22, 2022) 3 G A Res 217 (III) A, Universal Declaration of Human Rights (Dec 10, 1948) 4 Media Law, Lao People’s Democratic Republic, No 019/NA, (Nov 04, 2016), art 66 5 Ibid , art 83 The Economic and Social rights consequences of pandemic restrictions The Phenomenon of Large Scale Social Restrictions Against Indonesia's Economic Decline 1 GitHub, CSSEGISandData Covid 19, https://github com/CSSEGISandData/COVID 19 (last visited June 17, 2022) 2 Aprindo mengatakan satu hingga dua toko tutup setiap hari karena pandemi, https://www antaranews com/berita/2282178/aprindo sebut satu sampai dua toko tutup setiap hari akibat pandemi (last visited June 18, 2022)
DURING THE PANDEMIC: VIOLATION OR NOT? 1 Silvia cahyadi Tundjung herning PERLINDUNGAN BAGI PEKERJA ATAS TIDANKAN PEMUTUSAN HUBUNGAN KERJA (PHK) DI MASA PANDEMI COVID 19, 1(6) Sibatik jurnal ilmiah bidang sosial, ekonomi, budaya, 829, (2022) 2 Undang Undang Nomor 13 tahun 2003 tentang Ketenagakerjaan Others: Regulation Peraturan Pemerintah Nomor 35 tahun 2021 tentang Perjanjian Kerja Waktu Tertentu, Alih Daya, Waktu Kerja dan Waktu Istirahat, dan Pemutusan Hubungan Kerja Undang Undang Nomor 13 tahun 2003 tentang Ketenagakerjaan Peraturan Pemerintah Nomor 21 Tahun 2020 Peraturan Menteri Kesehatan Republik Indonesia tahun 2020 PAGE36
LAYOFFS
Journal Muslim, M , PHK PADA MASA PANDEMI COVID 19, Esensi: Jurnal manajemen bisnis, 357 370, (2020) Randi, y , PANDEMI CORONA SEBAGAI ALASAN PEMUTUSAN HUBUNGAN KERJA, yurispuden, 119 134, (2020) Silvia cahyadi, D T , PERLINDUNGAN BAGI PEKERJA ATAS TINDAKAN PEMUTUSAN, sibatik jurnal ilmiah bidang sosial, ekonomi, budaya, 823 832, (2022) Addressing Indonesia’s Socio Economic Challenges amid Pandemic 1 Ristyawati Aprista, Efektifitas Kebijakan Pembatasan Sosial Berskala Besar (PSBB) dalam Masa Pandemi Covid 19 Oleh Pemerintah sesuai Amanat UUD 1945, 3(2) Administrative Law and Governance Journal, 247 248, (2020) 2 Pemulihan Perekonomian Indonesia Setelah Kontraksi Akibat Pandemi Covid 19, https://www djkn kemenkeu go id/kpknl banjarmasin/baca artikel/14769/Pemulihan Perekonomian Indonesia Setelah Kontraksi Akibat Pandemi Covid 19 html (Last visited June 14, 2022) 3 Law No 13 of 2003 concerning Manpower art 156(1) 4 Prawoto N Priyo Purnomo E & Az Zahra The impacts of Covid 19 pandemic on socio economic mobility in Indonesia 8(3) Intl J of Economics and Business Administration 67 (2020) Others: Regulation Law No 13 of 2003 concerning Manpower Journal Ristyawati Aprista , Efektifitas Kebijakan Pembatasan Sosial Berskala Besar (PSBB) dalam Masa Pandemi Covid 19 Oleh Pemerintah sesuai Amanat UUD 1945, 3(2) Administrative Law and Governance Journal, 247 248, (2020) Prawoto, N , Priyo Purnomo, E , & Az Zahra, The impacts of Covid 19 pandemic on socio economic mobility in Indonesia, 8(3) Intl J of Economics and Business Administration, 867, (2020) Internet Pemulihan Perekonomian Indonesia Setelah Kontraksi Akibat Pandemi Covid 19, https://www djkn kemenkeu go id/kpknl banjarmasin/baca artikel/14769/Pemulihan Perekonomian Indonesia Setelah Kontraksi Akibat Pandemi Covid 19 html (Last visited June 14, 2022) Freedom Abused in Indonesia: Democracy Implementation That Threatens Integration (none) Emergency laws and restrictions on civilians’ liberty in pandemic responses Siracusa Principle to Balance Civil Liberties During Public Health Emergencies (none) Thailand Emergency Decree Enforcement: Time to Set Aside 1 พ ร ก ฉกเฉนฯ: ทาความเขาใจกฎหมายทใชรบมอโควด 19 (Understanding Emergency Decree: The law dealing with Covid 19 situation, title translated by the author), https://ilaw or th/node/5671 (last visited July 18, 2022) 2 International Covenant on Civil and Political Rights, Dec 16, 1966, 999 U N T S 171 3 Royal Thai Government Gazette, vol 137 (special issue 69), p 1, (Mar 25, 2020) 4 Royal Thai Government Gazette, vol 139 (special issue 118), p 39, (May 25, 2022) 5 Regulation Issued Under Section 9 of The Emergency Decree on Public Administration in Emergency Situations, B E 2548 (2005) (No 28), art 7(1) 6 Regulation Issued Under Section 9 of The Emergency Decree on Public Administration in Emergency Situations, B E 2548 (2005) (No 28), art 4 7 สถตคด พ รก ฉกเฉนฯ ทศาลยกฟอง อยการสงไมฟอง คดขอหา พ ร ก ฉกเฉนฯ ทตอสคดและศาลพพากษาวามความผด ( Statistic of the prosecution citing the violation of the Emergency Decree), https://tlhr2014 com/archives/41328 (last visited July 22, 2022) Disclosure of personal information as the countermeasure against COVID 19 1 Lee Kyu Ho A review of human rights issues related to the response of COVID 19 vol 22 Law Review (korlaw) 68 65 82 (2022) (describing the problem of disclosure of the movement path of the confirmed cases) 2 Daehanminkuk Hunbeob [Hunbeob] [Constitution] art 37(2) (S Kor ) 3 Gamnyeombyeongui Yebang Mit Gwallie Gwanhan Beobyul [Infectious Disease Control and Prevention Act], art 34 2 (S Kor ) (Disclosure of Information during Infectious Disease Emergency) PAGE37
Freedom of Expression
Regulation No 31 of Thailand in accordance with section 9(3) of the Emergency Decree on Public Administration in Emergency Situation B E 2548 (2005) (Thai )
Policy and Communication Failures in Indonesia During the COVID 19 Pandemic 1 Dangers of False Negative COVID 19 PCR Tests, https://www biotechniques com/covid 19/false negatives how accurate are pcr tests for covid 19/ (last visited June 19, 2022)
2 Ilmuwan Indonesia Merasa Tidak Dilibatkan Dalam Menangani Virus Corona, ABC Australia , https://www tempo co/abc/5597/ilmuwan indonesia merasa tidak dilibatkan dalam menangani virus corona (last visited June 19, 2022) Dangers of False Negative COVID 19 PCR Tests, https://www biotechniques com/covid 19/false negatives how accurate are pcr tests for covid 19/ (last visited June 19, 2022) Ilmuwan Indonesia Merasa Tidak Dilibatkan Dalam Menangani Virus Corona , https://www tempo co/abc/5597/ilmuwan indonesia merasa tidak dilibatkan dalam menangani virus corona (last visited June 19, 2022)
https://www bangkokpost com/thailand/general/ 2163175/pm revokes order gagging free speech after court injunction
Regulation No 29 of Thailand in accordance with section 9(3) of the Emergency Decree on Public Administration in Emergency Situation B E 2548 (2005) (Thai )
Freedom of Expression: Finding a Delicate Balance Between Causing Panic and Raising Awareness 1 Public Order Act, Cap 148 (Brunei) 2 Article 10: Freedom of Expression, https://www equalityhumanrights com/en/human rights act/article 10 freedom expression (last visited June 19, 2022) A woman in trouble over viral video, https://borneobulletin com bn/woman in trouble over viral video/ (last visited June 19, 2022) of Expression, https://humanrightshouse org/we stand for/freedom of expression/ (last visited June 19, 2022) Does Freedom of Speech Matter?, https://www eeas europa eu/sites/default/files/jean paul man ikuze 1 pdf (last visited June 19, 2022) Internet, a public service accessible by everyone, coe int/en/web/portal/public service accessible by everyone (last visited June 19, 2022)
The Computer related Crime Act (No 2) of Thailand B E 2560 (Thai )
4 Freedom
Others:
Remote Hearing: Access to Legal Aid Transition to Legal Aid Practice During The Pandemic 1 Lutfiyah Khorum, Equality Before The Law Principle and The Legal Aid for The Poor: An Indonesian Insight, 3(4) The Indonesian Journal of Intl Clinical Legal Education, 499 516, (2021) 2 Afriandy, Wide, et al , Lembaga Bantuan Hukum Masyarakat (2020) 3 Collins, Joshua & Trisia, Siska Indonesia Judicial Research Society (2020)
Restrictions on Freedom of Expression during the Pandemic Online Reporters, PM revokes order gagging free speech after court injunction, Bangkok Post (Aug 10, 2021)
https://www
6 The
Thailand: Immediately repeal emergency regulation that threatens online freedoms, https://www article19 org/resources/thailand immediately repeal emergency regulation that threatens online freedoms/ (last visited June 19, 2022)
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Regulation No 1 of Thailand in accordance with section 9(3) of the Emergency Decree on Public Administration in Emergency Situation B E 2548 (2005) (Thai )
3
5 Why
Non discrimination, https://ec europa eu/info/aid development cooperation fundamental rights/your rights eu/know your rights/equality/non discrimination en (last visited July 16, 2022)
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กฎหมาย
“ขจดการเลอกปฏบต
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Xenophobia against Asians ASIAN AGAINST ASIAN : COVID 19 AND THE INTERNAL XENOPHOBIA 1 ปญหา Hate Crime และ Spillover Effect จากโควด 19 (Hate crime issue and Spillover Effect from COVID 19) https://tdri or th/2020/03/covid 8/ (last visited June 27 2022) 2 “แบนอาหารทะเล” แพนกผดจด!! แพทยยาไมมทางตดเชอ โปรด หยดทารายผประกอบการ ("Seafood ban" Misconception Stop hurting small business ) https://mgronline com/live/detail/9630000131402 (last visited June 27, 2022) 3 โควด 19 : ภาวะลาเคญของแรงงานเมยนมา อยไทยกไรงาน กลบบานกเสยงตดโรค ไรเงน (Covid 19: The Difficulties Myanmar labors face No job in Thailand, Covid 19 risk at home ), https://www bbc com/thai/thailand 54477189 (last visited June 27, 2022) 4 Anti Discrimination Act, BE 2565, Citizens, https://www parliament go th/section77/survey detail php? id=185 (last visited July 15, 2022) 5 This bill is not yet available for public perusal 6 ชวนแสดงความเหน รางกม ขจดการเลอกปฏบต ฉบบปชช (Public hearing; Proposed non Discrimination Act), https://www matichon co th/local/quality life/news 3239584 (last visited June 27, 2022) The Xenophobia Tendencies Lead To Asian Hate During The COVID 19 Pandemic 1 Adi Fahrudin, et al , Pandemi COVID 19 dan Xenophobia 45 (Depok: Rajawali Pers 2020) 2 5 Ways to Fight Racism and Xenophobia, https://www unicefusa org/stories/5 ways fight racism and xenophobia/34567 (last visited June 15, 2022) 3 Faruq Bozdaq, Social Impacts of the COVID 19 Pandemic: Xenophobic Tendency and Their Consequences, Psikiyatride Guncel Yaklasimlar J 554, 537 550, (2021) 4 Ibid, 539 How Xenophobia Flourishes during the COVID 19 from the Root Covid 19: Thailand tests thousands after virus outbreak in seafood market, https://www bbc com/news/world asia 55391417 (last visited June 9, 2022) Holocaust Starts with Speeches of Hatred, Xenophobia, and Racism: Israeli Ambassador Warns, https://embassies gov il/addis ababa/NewsAndEvents/Pages /Holocaust Starts with Speeches of Hatred, Xenophobia, and Racism Israeli Ambassador Warns aspx (last visited June 7, 2022)
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